USPTO Patents Application 10597633

PATENT COOPERATION TREATY

PCT/IL2006/000140

CT

NOTIFICATION CONCERNING
TRANSMITTAL OF COPY OF INTERNATIONAL
PRELIMINARY REPORT ON PATENTABILITY
(CHAPTER I OF THE PATENT COOPERATION

TREATY)

(PCT Rule 44bis. 1 (c))

Date of mailing (dav/montft/vear)

16 August 2007 (16.08.2007)

Applicant's or agent's file reference

34612

From the INTERNATIONAL BUREAU

International application No,

PCT/IL2006/000140

Applicant

OS

To:

G.E, Ehrllch (1995prnr
1 1 Menachem Begin
52521 RamatGan
ISRAEL

t

FILE No.

0 2 SEP 2007

GJE. EHRUCH (1995} LTD

IMPORTANT NOTICE

International filing date (day/moniWyear)

05 February 2006 (05.02,2006)

MOTORIKA LIMITED et a!

Priority date (day/montWyear)

04 February 2005 (04.02,2005)

The International Bureau transmits herewith a copy of the international preliminary report on patentability (Chapter I of the Patent Cooperat
i reaty )

ion

The International Bureau of WIPO
34, chemin des Colornbettes
12 1 1 Geneva 20, Switzerland

Facsimile No. +41 22 338 82 70

Authorized officer

Simin Baharlou

e-mail: pt09.pct@wipo.int

Form PCT/IB/326 (January 2004)

PATENT COOPERATION TREATY

INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY

(Chapter I of the Patent Cooperation Treaty)

(PCT Rule 44bis)

Applicant's or agent : s file reference
34612

FOR FURTHER ACTION See item 4 below

International application No.
PCT/IL2006/000140

International filing date (day/montii/vear)
05 February 2006 (05.02.2006)

Priority date (day/montJi/year)
04 February 2005 (04.02.2005)

International Patent Classification (8th edition unless older edition indicated)
See relevant information in Form PCT/iSA/237

Applicant
MOTOR I KA LIMITED

1 . This international preliminary report on patentability (Chapter I) is issued hy the International Bureau on behalf of the
International Searching Authority under Rule 44 1(a).

2. This REPORT consists of a total of 4 sheets, including this cover sheet.

In the attached sheets, any reference to the written opinion of the International Searching Authority should be read as a reference
to the international preliminary report on patentability (Chapter I) instead.

This report contains indications relating to the following items;

□

□
IS

Box No. I
Box No. n
Box No. HI

Box No. IV
Box No. V

Box No. VI
Box No. VII

□

| | Box No. VIII

Basis of the report
Priority

Non-establishment of opinion with regard to novelty, inventive step and industrial
applicability

Lack of unity of invention

Reasoned statement under Article 35(2) with regard to novelty, inventive step or industrial
applicability; citations and explanations supporting such statement

Certain documents cited

Certain defects in the international application
Certain observations on the international application

4. The International Bureau will communicate this report to designated Offices in accordance with Rules 446fr.3(c) and 93bisA but
not, except where the applicant makes an express request under Article 23(2), before the expiration of 30 months from the priority
date (Rule AAbis .2).

Date of issuance of this report
07 August 2007 (07.08.2007)

The International Bureau of WIPO
34, chemin des Colombettes
121 1 Geneva 20, Switzerland

Facsimile No. +41 22 338 82 70

Authorized officer

Simin Baharlou

e-mail: pt09.pct@wipo.int

PATENT COOPERATION TREATY

From the

INTERNATIONAL SEARCHING AUTHORITY

To:

PAUL FENSTER

FENSTER & COMPANY, INTELLECTUAL PROPERTY LTD,
P.OBOX 10256

PETACH TIKVA, ISRAEL 49002

PCT

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

(PCT Rule 43 to J)

Date of mailing fljj Jflty Onn^

(day/monlti/year) LUUf

j Applicant's or agent* s file reference
414/05078

FOR FURTHER ACTION

See paragraph 2 below

International application No. International filing date (day/month/year) Priority date {day/month/year}
PCT/IL06/00 140 05 February 2006 (05.02.2006) 04 February 2005 (04.02.2005)

International Patent Classification (IPC) or both national classification and IPC

IPC: A61H 1/00(2006.01)
USPC: 601/5,23,27,29,32

Applicant
MOTORJKA, INC.

I. This opinion contains indications relating to the following items:

Box No. I

□

Box No. II

Box No. Ill

□

Box No. IV

Box No. V

□

Box No. VI

n

Box No. VII

Box No. VI H

Basis of the opinion
Priority

Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
Lack of unity of invention

Reasoned statement under Rule 43 bis. l(a)(i) with regard to novelty, inventive step or industrial
applicability; citations and explanations supporting such statement

Certain documents cited
Certain defects in the international application
Certain observations on the international application

2, FURTHER ACTION

If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
International Preliminary Examining Authority ("IPEA") except that this does not apply where the applicant chooses an
Authority other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66Abis(b)
that written opinions of this International Searching Authority will not be so considered.

IF this opinion is r as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the
IPEA a written reply together, where appropriate, with amendments, before the expiration of 3 months from the date of mailing
of Form PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expires later.

For further options, see Form PCT/ISA/220,

3. For further details, see notes to Form PCT/ISA/220.

Name and mailing address of the ISA/ US
Mail Stop PCT, Ann; ISA/US
Commissioner for Patents
P.O. Box 1450

Alexandria, Virginia 22313-1450
Facsimile No. (571) 273-3201

Date of completion of this opinion
II October 2006(11.10.2006}

Authorized office
Michael Brown

Telephone NoTs 7 1-272-4972

Form PCT/ISA/237 (cover sheet) (April 2005)

WRITTEN OPINION OF THE
INTERNATIONAL SEARCHING AUTHORITY

International application No.
PCT/IL06/00140

Box No. I Basis of this opinion

i . With regard to the language, this opinion has been established on the basis of:

[Xl the international application in the language in which it was filed

j 1 a translation of the international application into . , which is the language of a translation furnished for the purposes of
international search (Rules 12.3(a) and 23 ^b)).

2. With regard to any nucleotide and/or amino acid sequence disclosed in the international application and necessary to the claimed
invention, this opinion has been established on the basis of:

a, type of material

j 1 a sequence listing

j | table(s) related to the sequence listing

b. format of material

F~] in electronic form

c. time of filing/furnishing

I 1 contained in the international application as filed.

| [ filed together with the international application in electronic form.

1 1 furnished subsequently to this Authority for the purposes of search.

3. In addition, in the case that more than one version or copy of a sequence listing and/or table(s) relating thereto has been filed
or furnished, the required statements that the information in the subsequent or additional copies is identical to that in the
application as filed or does not go beyond the application as Filed, as appropriate, were furnished.

4. Additional comments:

Form PCT/ISA/237(Box No. I) (April 2005)

INTERNATIONAL SEARCHING AUTHORITY

Box No. V Reasoned statement under Rule 43 bis.l(a)(\) with regard to novelty, inventive step or industrial
applicability; citations and explanations supporting such statement

1. Statement

Novelty (N)

Claims
Claims

12 and 40-49

YES

1-11 and 13-39

NO

Inventive step (IS)

Claims
Claims

NONE

YES

1-49

NO

Industrial applicability (IA)

Claims
Claims

1-49

YES
NO

NONE

2. Citations and explanations:

Claims M ] and 13-39 lack novelty under PCT Article 33(2) as being anticipated by Horowitz et al.

Claims 12 and 40-49 lack an inventive step under PCT Article 33(3) as being obvious over Horowitz et aL It would have been obvious
to one having ordinary skill in the art at the time that the invention was made that the pads disclosed by Horowitz could have rubber
thereon because it is old and well known to have rubber cover brake pads on a bicycle or an exercising device. The data colleted using
the exercising device could be used to perform the method steps recited in claims 40-49.

Claims M9 meet the criteria set out in PCT Article 33(4), and thus meet industrial applicability because the subject matter claimed can
be made or used in industry.

Form PCT/IS A/237 (Box No. V) (April 2005)